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Swati Tiwari v/s Marquis Technologies Pvt. Ltd., Rep. by its Managing Director, Mumbai & Another

    Writ Petition No. 7325 of 2020 (S-DIS)
    Decided On, 09 June 2020
    At, High Court of Karnataka
    By, THE HONOURABLE MR. JUSTICE P.S. DINESH KUMAR
    For the Petitioner: M.R. Abhishek, Advocate (Through Video Conference). For the Respondents: -----


Judgment Text
(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India praying to quash the termination letter dated 20.03.2020 and Direct the R-1 and 2 to provide the petitioner with maternity benefits and bonuses as applicable.)

1. Petitioner has filed this writ petition seeking a writ of certiorari and to quash his Termination letter dated 20th March 2020.

2. Learned Advocate for petitioner submitted that petitioner was working as Senior Test Engineer with the first respondent - Company. When she applied for maternity leave, her employer terminated her services. Petitioner is in her family way and not in a position to travel to Mumbai to seek redressal of her grievance before appropriate forum. Therefore, petitioner has moved this Court by filing this writ petition.

3. Admittedly, petitioner was working as Senior Test Engineer with first respondent - Company which is a private limited Company registered in Maharashtra. The work place is also in Maharashtra. The main relief sought in this writ petition is to quash Termination letter dated 20th March 2020. Though learned Advocate for petitioner strenuously urged that since petitioner is in her family way, an interim direction may be issued directing the respondents to pay the maternity benefits.

4. The main prayer is to quash the order of termination and it cannot be granted because respondent is not 'State' under Article 12 of the Constitution.

5. Therefore, this writ petition must fail and it is accordingly dismissed.

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/>However, dismissal of this writ petition does not come in the way of petitioner seeking appropriate relief against respondents before appropriate forum. No costs.
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